Renfrew v Lithgows Ltd & Ors [2008] ScotCS CSOH_118 (19 August 2008)

Renfrew v Lithgows Ltd & Ors [2008] ScotCS CSOH_118 (19 August 2008)

The court held that, but for mesothelioma, the pursuer's life expectancy would have been ten years, based on the consensus of expert medical evidence. The appropriate award for solatium was £55,000, reflecting the pain, suffering, and impact of mesothelioma, but also considering the pursuer's pre-existing vascular disease. The court made specific awards for lost years, services, and aids/equipment, based on the evidence and reasonable valuation of each head of claim.

Citation
[2008] ScotCS CSOH_118
Parties
Pursuer: Thomas Renfrew; Defenders: Lithgows Limited and Others
Jurisdiction
Scotland
Judgment Date
19 August 2008
Procedural Posture
Personal Injury Mesothelioma Compensation / Quantum of Damages (assessment of Compensation)
Outcome
Award for the pursuer (quantum of damages determined)
Legal Topics
Mesothelioma, Asbestos Exposure, Damages Assessment, Life Expectancy, Solatium, Lost Years, Section 8 Services, Section 9 Services, Aids and Equipment
Personal Injury Tort Law Employment Law Mesothelioma Asbestos Exposure Damages Assessment Life Expectancy Solatium +4 more

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Parties

Thomas Renfrew

Pursuer

Lithgows Limited and Others

Defenders

Procedural Posture

Personal Injury Mesothelioma Compensation / Quantum of Damages (assessment of Compensation)

Legal Issues

  1. 1 What is the appropriate quantum of damages for the pursuer's mesothelioma claim, considering his pre-existing vascular disease?
  2. 2 What is the pursuer's likely life expectancy but for mesothelioma?
  3. 3 What is the appropriate award for solatium, lost years, services, and aids/equipment?

Ratio Decidendi

The court held that, but for mesothelioma, the pursuer's life expectancy would have been ten years, based on the consensus of expert medical evidence. The appropriate award for solatium was £55,000, reflecting the pain, suffering, and impact of mesothelioma, but also considering the pursuer's pre-existing vascular disease. The court made specific awards for lost years, services, and aids/equipment, based on the evidence and reasonable valuation of each head of claim.

Court Disposition

Award for the pursuer (quantum of damages determined)

Orders

  • Award of £130,375.73 gross to the pursuer, subject to deduction of £25,046 (Pneumoconiosis etc (Workers Compensation) Act 1979 payment) and £7,500 (Fourth Defenders payment), resulting in a net award of £97,829.73.